[Ord. No. 158, 5/6/2009]
For the purpose of this part the following definitions shall apply:
INTEREST IN REAL PROPERTYAny right in real property, improvements thereto or water, whatsoever, including, but not limited to, a fee simple, easement, remainder, future interest, transferable development right (TDR), lease, license, restriction or covenant of any sort, option or contractual interest or right concerning the use of or power to transfer property.
LAND TRUSTA nonprofit organization that is tax exempt under § 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)), is registered with the Pennsylvania Commission on Charitable Organizations and which has among its primary purposes the acquisition or conservation and preservation of interests in real property for the purpose of achieving open space benefits.
OPEN SPACE BENEFITSThe benefits to the citizens of the commonwealth and its local government units which result from the preservation or restriction of the use of selected predominantly undeveloped open space or areas, including, but not limited to:
A. The protection and conservation of water resources and watersheds, by appropriate means, including, but not limited to, preserving the natural cover, preventing floods and soil erosion, protecting water quality and replenishing surface and ground water supplies;
B. The protection and conservation of forests and lands being used to produce timber crops;
C. The protection and conservation of farmland;
D. The protection of existing or planned park, recreation or conservation sites;
E. The protection and conservation of natural or scenic resources, including but not limited to soils, beaches, streams, flood plains, steep slopes or marshes;
F. The protection of scenic areas for public visual enjoyment from public rights of way;
G. The preservation of sites of historic, geologic or botanic interest;
H. The promotion of sound, cohesive, and efficient land development by preserving open spaces between communities.
RELATED EXPENSESIncidental expenses incurred as transactional fees in the acquisition of interest in real property for the purpose of achieving open space benefits, including, but not limited to, costs of appraisals, legal services, title searches, document preparation, title insurance, closing fees and survey costs.